Summary: We will not investigate Mr X’s complaint about how the Council enforced it’s no-filming policy and reported copyright matters. There is not enough evidence of fault to justify investigating and further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council:
• failed to consistently enforce its no-filming policy at a theatre; and
• submitted a copyright report against one of his online videos without contacting him first.
2. Mr X said these issues meant he was unaware the no-filming policy was actively in place and his online video account was permanently deleted. He wanted the Council to:
• acknowledge its alleged fault;
• retract the copyright claims against his videos;
• review and improve its procedures; and
• ensure its policy on photography and filming is consistently communicated and enforced.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X said the Council failed to enforce its no-filming policy in a theatre. He said himself and others recorded videos in full view of staff without being challenged. He said this caused him to believe the policy was not being actively enforced.
7. The Council confirmed permanent signs are displayed outside and inside the venue advising filming and photography are not allowed. Signs are also displayed above the stage before productions. It confirmed it has arranged for hand-held signs to be used by its staff going forward.
8. The Council accepted there may have been occasions where its policy was not enforced by its staff. It explained there are occasions during certain productions where filming short clips is actively encouraged. However, there is clear signage at the venue advising photography and filming is not permitted.
9. We will not investigate this point of complaint because further investigation would not lead to a different outcome.
10. Mr X posted a video of a theatre performance online. He said the Council submitted copyright reports regarding the video instead of contacting him directly. He said this meant his online video account was permanently deleted.
11. Mr X’s videos were in contravention of the no photography and filming policy. The Council confirmed it submitted the copyright reports but did not request further action to be taken against Mr X.
12. The Council were not required to contact Mr X directly before submitting its reports. We will not investigate this matter because there is not enough evidence of fault to justify investigating.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating; and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman